Analysis of Student Visa Application and Migration Law Case Study

This case study analyzes a student visa application that was rejected by a delegate of the Minister for Immigration, Citizenship and Multicultural Affairs. The applicant, a 23-year-old Pakistani citizen, applied for a Student Subclass 500 visa to study in Australia. The delegate cited the applicant's failure to meet the genuineness requirements under clause 500.212(a) of the Migration Regulations 1994 (Cth). The case study examines the applicant's circumstances, including her previous travel history, family ties, and future plans, to assess the merits of an appeal to the Administrative Appeals Tribunal (AAT). It focuses on the applicability of Direction No. 69, which assesses the genuineness of temporary entrant criteria for student visas, and evaluates whether the applicant meets the specified requirements. The analysis concludes that the applicant fulfills the criteria and has strong grounds for a successful appeal to the AAT, potentially overturning the delegate's decision.

Running head: MIGRATION LAW
MIGRATION LAW
Name of the Student
Name of the University
Author Note

1MIGRATION LAW
QUESTION 1
The detailed case summary gives a view that the applicant, a 23 year old female
Pakistani Citizen applying for a Student Subclass 500 visa for pursuing a study course in
Diploma in Business Management and a Bachelor of Professional Accounting, has been
rejected by a delegate of the Minister for Immigration, Citizenship and Multicultural Affairs
citing the adequacy of the requirements under clause 500.212(a) in the Schedule 2 of the
Migration Regulations 1994 (Cth), on the grounds that the application of the applicant was it
genuine1. However, going through the details of the applicant, it could be judged that her
application has some merit and therefore, it is suggested that she could apply for an appeal
before the Administrative Appeals Tribunal (AAT). It is the AAT that look into the
circumstances, immigration history and other relevant data of the applicant who files for an
appeal2.
QUESTION 2
The Direction No. 69 passed by Petter Dutton Honorable Minister for Immigration
and Border Protection that assess the genuinity of the Temporary Entrant Criterion for
Student Visa as under the purview of section 499 of the Migration Act 1958 (Cth) shall
prevail even though Peter Dutton does not holds the position of the Minister for Immigration
and Border Protection3. It is so because this provision works under the purview of section 499
of the Migration Act 1958 and it is applicable over the delegates who perform the functions
under section 65 of the same legislation4. Direction No 69 draws its applicability from the
Migration Act 1958 and therefore it would not be affected by the fact whether Peter Dutton
holds the office of Minister for Immigration and Border Protection.
1 Migration Regulations 1994 (Cth), Clause 500.212.
2 "Student Visa Refusals (Genuine Stay) | Administrative Appeals Tribunal", Aat.Gov.Au (Webpage, 2019)
<https://www.aat.gov.au/fact-sheets/migration-and-refugee-review-fact-sheets/student-visa-refusals-genuine-
stay>.
3 "DIRECTION NUMBER 69 – ASSESSING THE GENUINE TEMPORARY ENTRANT CRITERION FOR
STUDENT VISA AND STUDENT GUARDIAN VISA APPLICATIONS", Immi.Homeaffairs.Gov.Au
(Webpage, 2019) <https://immi.homeaffairs.gov.au/Visa-subsite/files/direction-no-69.pdf>.
4 Migration Act 1958 (Cth), s 65, 499.

2MIGRATION LAW
QUESTION 3
As per the case summary, the applicant fulfills all the requirements mentioned under
Direction No 69 that are necessary for the assessment of the genuinity of the temporary
entrant, which is for a student visa in this case. The following details of the student satisfies
the requirement stated under Direction No 695:
1. As per point 6 of the Direction No 69, the applicant has provided all the relevant
certificates of her previously pursued courses and degrees;
2. Documents of her future plans to return to Pakistan and work with Muhammad & Co
Chartered Accountants, including a letter from Muhammad & Co Chartered Accountants
confirming the applicant’s plans and her prospective role within the company, as per point 7
of the Direction;
3. Evidence as to her plan not to reside in Australia after completing the Diploma course;
4. Satisfying point 9(b) of the Direction, she provided documents in relation to her
circumstances at her home country. She being the youngest in the family, her parents expect
her to return home after the course;
5. As per point 9(c), she showed that she would incur an expense of $33,800 per annum,
majorly on her studies which she would bear with ease for she belongs from a well-to-do
family in Pakistan that has a significant property holdings.
6. The applicant held with evidence as to her no ties with the military service obligation in
her home country, as asked by point 9(d);
7. To answer for point 11(a), the applicant explained her relationship ties with her sister’s
family who holds a student visa themselves and would return to Pakistan as soon as their visa
5 "Genuine Temporary Entrant Requirement", Immi.Homeaffairs.Gov.Au (Webpage, 2019)
<https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/student-500/genuine-temporary-entrant>.

3MIGRATION LAW
expires. She mentioned that her brother being an Australian citizen, however she meet him
once a week on an average.
8. To hold an argument against point 11(d) of the Direction, the applicant has mentioned that
she is not in a relationship with anyone staying in Australia;
9. The applicant has shown that the Diploma in Business Management and a Bachelor of
Professional Accounting would help her pursue a career in accounting with the Muhammad
& Co Chartered Accountants and eventually set her own accounting firm, in support of point
12 (a).
10. Lastly, in support of point 13, the applicant gave a detailed information about her
travelling history along with an assurance that she did not face any issue pertaining to travel
visa or immigration issue.
Therefore, the above stated information proves that the applicant’s application is
genuine and so she should be granted the Student Subclass 500 visa.
QUESTION 4
As per the case summary and the documents presented by the applicant the AAT has
no grounds to reject her visa application. Therefore the AAT shall be bound to make amends
to the decision of the delegate of the Minister for Immigration, Citizenship and Multicultural
Affairs. The applicant satisfies all the requirement specified under clause 500.212 of the
Migration Regulations 1994 (Cth) as well as the requirements held under Direction No 69.
Therefore, it is presumed that the applicant’s appeal to the AAT shall be successful.

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References
Legislations
Direction No 69 under Migration Act 1958 (Cth)
Migration Act 1958 (Cth)
Migration Regulations 1994 (Cth)
Official websites
"DIRECTION NUMBER 69 – ASSESSING THE GENUINE TEMPORARY ENTRANT
CRITERION FOR STUDENT VISA AND STUDENT GUARDIAN VISA
APPLICATIONS", Immi.Homeaffairs.Gov.Au (Webpage, 2019)
<https://immi.homeaffairs.gov.au/Visa-subsite/files/direction-no-69.pdf>
"Genuine Temporary Entrant Requirement", Immi.Homeaffairs.Gov.Au (Webpage, 2019)
https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/student-500/genuine-
temporary-entrant
"Student Visa Refusals (Genuine Stay) | Administrative Appeals Tribunal", Aat.Gov.Au
(Webpage, 2019) https://www.aat.gov.au/fact-sheets/migration-and-refugee-review-fact-
sheets/student-visa-refusals-genuine-stay